Hung Juries In Two Big Cases This Week Would Be Rare Event

Two juries deliberating high profile criminal trials this week appeared unable to reach agreement on a verdict. Judges sent the jurors in both cases back to continue deliberations, NPR reports. In Pennsylvania, four days after getting the case, the jury considering sexual assault charges against Bill Cosby said they couldn’t reach a unanimous decision on any of the three counts against the 79-year-old comedian. Jurors began a fifth day of talks today. In Minnesota, the jury considering the fate of a police officer charged in the shooting death of a black motorist, Philando Castile, finished its fourth day of deliberations yesterday. [Update: On Friday, the jury acquitted officer Jeronimo Yanez in Castile’s shooting.]

As the two cases teetered on the brink of hung juries, you might think it happens quite often. Hung juries are actually rare, happening about 5 to 6 percent of the time in state criminal trials, and about 3 percent of the time in federal criminal trials, says Cornell law Prof. Valerie Hans. “It’s not uncommon for a jury to be deadlocked at first but then to reach a verdict after some prodding from the judge,” says Larry Cunningham of St. John’s Law School in New York, and a former prosecutor. To break a deadlock, judges can deliver what is known as an “Allen” (after Allen v. United States, an 1896 Supreme Court case) or “dynamite” charge. “The judge instructs the jurors that they should each reexamine their beliefs, go over the evidence, listen to the opinions of others, and understand that if a mistrial is declared, another jury will have to be empaneled to hear the same evidence — all at considerable expense,” Cunningham says. As to why juries deadlock, Hans says “the number-one reason we have found from research is the evidence being closely balanced.”

TCR's WEEKLY Criminal Justice Newsletter is FREE! Subscribe Here

Read Next

The Missouri State Auditor investigated Ferguson’s municipal court after the Michael Brown shooting and found many problems. The auditor says the court is trying to address her findings but “there is still work that needs to be done.”

One thought on “Hung Juries In Two Big Cases This Week Would Be Rare Event”

The execution of Carey Dean Moore went forward on Tuesday after a federal appeals court denied a drug company's request to halt the lethal injection over concerns about whether the drugs were obtained improperly by the state.

A new report by the American Bar Association's Senior Lawyers Division makes nine recommendations and suggests 45 "action items" that it says can advance public health efforts to confront the opioid epidemic. One recommendation calls for promoting policies and laws that support families and caregivers struggling with opioid and substance misuse disorders.

In a report issued Tuesday, the Prison Policy Initiative found that people who have been to prison are 10 times more likely to be homeless than the general public. Recommended policy initiatives include barring housing discrimination against returning citizens.

A hearing on state Senate Bill 1391, which would prevent youths under 16 from being sent to adult courts, is scheduled Thursday. Supporters say it will reduce recidivism rates and better rehabilitate and prepare youth for successful, productive reentry into society.